Legal Opinion

People v. Burnett

Appellate Division of the Supreme Court of the State of New York

Decided January 29, 1988PublishedCited by 9 opinions

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him, after a bench trial, of first degree assault and third degree criminal possession of a weapon, defendant’s sole contention is that the court erred in accepting his written jury waiver without inquiring whether defendant voluntarily, knowingly, and intelligently was waiving his right to a jury trial. We hold that, in the circumstances of this case, a written waiver is sufficient and is not invalidated by the court’s failure to inquire (see, People v Dominy, 116 AD2d 851, Iv denied 67 NY2d 942; cfi, People v…

2Cases cited3 opinions

  1. In re PadillaNew York Court of Appeals · 1986
  2. People v. DominyAppellate Division of the Supreme Court of the State of New York · 1986
  3. People v. BasoraAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by9 opinions

  1. People v. ButlerAppellate Division of the Supreme Court of the State of New York · 2005
  2. People v. TamarezAppellate Division of the Supreme Court of the State of New York · 1995
  3. People v. FranklinAppellate Division of the Supreme Court of the State of New York · 1989
  4. People v. ColucciAppellate Division of the Supreme Court of the State of New York · 1993
  5. People v. CottonAppellate Division of the Supreme Court of the State of New York · 1990

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